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Ask Allen M., Esq. Your Own Question

Allen M., Esq., Lawyer

Category: Military Law

Satisfied Customers: 20730

Experience: Lawyer and current JAG officer.

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I was discharged In June 1982 with a OTH discharge, can

Customer Question

I was discharged In June 1982 with a OTH discharge, can something be done to get an upgrade? ThanksJA: Are you overseas or stateside?Customer: FloridaJA: Have you talked to anyone in the chain of command about this?Customer: Not lately, did about 15 years agoJA: Anything else you want the lawyer to know before I connect you?Customer: How's this work

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

(The system will automatically generate a phone call request to you which is NOT from me. I will not accept a phone call request and will work through the chat system.)

You can file a DD Form 149 with the military records corrections board. That entity has the power to alter discharges statuses. You will have some uphill battles to fight. First, they apply a 3-year rule, meaning you have to file within 3 years of knowing about an issue in your record. Now, they regularly waive that in the interest of justice, but you do have that hurdle. Next, and the more difficult one here, is that the board doesn't just upgrade discharges due to the passage of time or the positive changes in your life since you were discharged. This board only upgrades discharges when the person can show that their original discharge was an error or an injustice at the time it was given. This is a very high standard and less than 10% of people can actually establish it.

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Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.